Several IPCs define and explain some essential words. Many IPCs tell how much punishment the person committing the crime will get under which section. Many IPCs have now been discontinued because they have no meaning or use in today’s time. Today we will discuss Section 21 of the IPC which defines the word ‘public servant’. It is directly related to governance, administration, justice, defense, etc. Let us know what Section 21 of IPC explains. And what are the provisions in it?
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Section 21 Of IPC Explains
This is an important section of chapter 2nd of IPC, i.e. general explanations. In the second chapter of IPC, important terms have been described and explained. This section states who is a ‘public servant’ and the people who count as one. There are a total of 12 clauses and 3 explanations of IPC section 21.
Clause 1 was repelled by adaption and orders, in 1950.
IPC Section 21 Clause 2: As per the Indian Penal Code, the word ‘public servant’ contains members of the navy, Indian air forces, and military. But in the case of the Air Force of India, the Supreme Court also said that the officer will be called a public servant as long as he works under the Indian Air Force.
Clause 3: The word ‘judge’ is defined in section 19 of the IPC. Every judge or an individual who is authorized by law to terminate any person of his duties shall be called a public servant.
Clause 4: All the members of the Court of Justice are also called public servants. And every officer who is specially authorized by a Court of Justice to perform any duties such as keep any document, dispose of any property, execute any judicial process. Word ‘Court of Justice’ has been described under section 20 of IPC. If you have any doubts regarding the court of justice, then read our blog.
Clause 5: Every member who is involved in the decision of panchayat raj or any officer of the court of justice will also come under the ambit of the public servant.
Also read: IPC Section 19 Definition With Examples
Clause 6: The person who can resolve the dispute between two people and the officer who is sending the evidence or any document to the higher authority will also be considered a public servant.
Clause 7: Any individual who is designated by law to keep a person in a prison or another place which you cannot leave. For example, the law appoints a jailer to keep an eye on the prisoners in the prison and prevent them from committing crimes inside the prison.
Clause 8: Any government officer, who has the power to prevent offenses or to bring the person who does something illegal to the court to carry out investigations, or to protect public health will come under IPC section 21. For example. police, crime branch investigating, traffic police officer, all these are appointed by the government of India for the public welfare and to maintain law and order.
Clause 9: Every officer who is appointed or elected by the government of India to perform an activity in the name of the government to carry out sale deeds or purchases, who will keep a record of all authentic documents, who will prevent the infraction of the law will come under this section.
Clause 10: Every official whose duty is to impose levy taxes or review any of them on behalf of the government for the common purpose of any town village or property.
Clause 11: Any person who is designated or elected to organize, broadcast, support, or revise an electoral roll or to conduct an election or part of an election will come under this act.
Clause 12: Every Person –
A. Any person doing such work for which the Government of India is paying him salary or commission.
B. In the service of local authority, a corporation established by the central, provincial, or state act or a government company as defined in section 617 of the Company Act, 1956.
Explanation 1: All those people who fall under the above 12 clauses will be considered as public servants. Whether they are appointed by the Government of India or by some other authorities.
Explanation 2: If there is any public servant and any legal case is going on against him, then also he will be called a public servant.
Explanation 3: Whoever conducts elections in India, be it any kind of election like legislative or municipal also comes under this section.
Who is not a public servant under IPC?
- Insurance Surveyor
- Co-Operative Society
- Municipal Councillor
